IRS- Is there any law on the books requiring me to pay personel income taxes?

Question

and if so direct me to it I realy want to put this to rest...

Answer 1

No, check out America freedom to Fascism. The IRS and congresspeople such as Clinton even admit it.

Answer 2

Age old argument.


In 1913, the Sixteenth Amendment (http://www.law.cornell.edu/constitution/constitution.amendmentxvi.html) to the U.S. Constitution was ratified. It empowered Congress to tax "incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." The Internal Revenue Code is today embodied as Title 26 of the United States Code (26 U.S.C.) and is a lineal descendant of the income tax act passed in 1913, following ratification of the Sixteenth Amendment. While some states do not have an income tax (Nevada), all residents and all citizens of the United States are subject to the federal income tax. Not everyone, however, must file a return. The requirements for filing are found in 26 U.S.C. § 6011. As the largest contributor, its purpose is to generate revenue for the federal budget. In 1985 for example, the government collected over $450 billion in income tax from a total of $742 billion in total internal revenue receipts. The funds collected are essential for the shaping and preservation of a free market economy.

don't pay. see if we care

Answer 3

Golly gee, thanks for letting us know this. I thought that if the Supreme Court--they are the guys (and the occasional gal) who are suppose to say what the law really says--said a law was OK (including that the ruling that the 16th amendment was ratified) then it was. I wasn't aware that those kooks really were right all the time. The next time you are in Tax Court tell this to the judge there and maybe he won't zap you with the whole $25,000 penalty for bring a frivolous suit.

Answer 4

There is a law. It is the Internal Revenue Act of 1954 which has been modified almost every year since. The Act can be found in the U.S. Statutes at Large which can be found in most Federal Depository Libraries. Google Federal Depository Libraries, there are probably several in your state.

The Internal Revenue Act is codified in the U.S. Code as Title 26. You can read Title 26 for yourself at http://www.law.cornell.edu/uscode/uscode26/usc_sup_01_26.html
Title 26 is considered prima facie law and the Internal Revenue Act is considered positive law.

Here are some court cases concerning the validity of the Internal Revenue Code and its codification in Title 26.

In United States v. McDonald, 919 F.2d 146 (10th Cir. 1990) and in United States v. Studley, 783 F.2d 934, 940 (9th Cir. 1986) the court stated, "Indeed, as we have repeatedly held, the entire Internal Revenue Code was validly enacted by Congress and is fully enforceable."

In Ryan v. Bilby, 764 F2d 1325, 1328 (9th Cir. 1985) the court stated, "Congress’s failure to enact a title [of the United States Code] into positive law has only evidentiary significance and does not render the underlying enactment invalid or unenforceable. See 1 U.S.C. § 204(a) (1982), (the text of titles not enacted into positive law is only prima facie evidence of the law itself). Like it or not, the Internal Revenue Code is the law, and the defendants did not violate Ryan’s rights by enforcing it."

In Bilger v. United States, 87 AFTR2d Par. 2001-468, No. CIV F 00-6486 OWW JLO (U.S.D.C. E.D.Ca. 1/9/2001). the court stated, "In his opposition, Plaintiff asserts that ‘Title 26 U.S.C. (including section 6321) has not been enacted into positive law, and is not the law, but is only prima facie evidence of the law.’ ... Congress’ failure to enact a title into positive law has only evidentiary significance and does not render the underlying enactment invalid or unenforceable. See 1 U.S.C. section 204(a). ‘Like it or not, the Internal Revenue Code is the law’. [Citations omitted] Plaintiff’s positive law argument is without merit."

Most other tax protestor drivel is refuted at http://evans-legal.com/dan/tpfaq.html

Answer 5

This is a question that has long been debated. Ck the WWW
for articles about how and why the income tax was initiated
and ck out books by Irwin Schriff and the like.

I believe there is NO law that states you have to pay income tax, however if you do not you could face stiff penalties
even though you should not. Wacko situation I agree.

Answer 6

The IRS has a good page (see reference) that debunks all the tax arguments that people can think about. Yes, you do have to pay taxes. Just ask the people that go to jail if they don't.

Answer 7

Yes there is. The laws requiring state income tax are contained in the Taxation chapter of your State Code. As for federal income tax, it is actually contained in "The Stamp Act".

Answer 8

No but the IRS does not care and everything is set up to make your life miserable if you try and prove there really isn't a law. The IRS will "prepare" BS returns that extremely exaggerate what you might owe. Then they will just take your money with out ever getting to see a judge or the inside of a court room.

No due process at all when dealing with the IRS!!

Answer 9

Here's an idea--test your theory--don't pay any income taxes and see what happens.

I think many people confuse this with the requirement to file, but not pay, taxes by April 15th.

Answer 10

This is something you DO NOT want to challenge. By the time your case gets to court, penalties and interest will amount to more than you owed in the first place. And it is not a forgivable penalty. You WILL pay it.